The school acted with “deliberate indifference” in the face of such knowledge; and

The deliberate indifference by the school caused plaintiff to suffer injury, damage, loss or harm.

The term "deliberate indifference" means that the district's response to the alleged harassment was clearly unreasonable in light of all the known circumstances. A response that is merely inept, erroneous, ineffective, or negligent does not amount to deliberate indifference. However, an official cannot simply turn a blind eye and do nothing. The official must respond in a prompt, timely and reasonable manner to a Plaintiff’s allegations of discrimination and sexual harassment. For deliberate indifference to occur where one student harasses another student, the harassment must take place in a context subject to the defendant’s control, and the individual defendants must have disciplinary authority over the person who is harassing the plaintiff.

In schools, children may regularly interact in a manner that would be unacceptable for adults. Consequently, a plaintiff cannot recover damages for harassment for being subjected to such simple acts as teasing and name-calling, even where these are comments target differences in actual or perceived sexual orientation.